State Consumer Disputes Redressal Commission
Vidya Sagar vs M/S Rkm Housing Ltd. on 26 August, 2022
STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB,
CHANDIGARH.
(Exercising the powers of Judicial Magistrate 1st Class conferred under
Section 27(2) of the Consumer Protection Act, 1986 now Section 72 (2) of the
Consumer Protection Act, 2019).
Execution Application No.275 of 2019
in
Consumer Complaint No.291 of 2018
Date of institution: 06.05.2019
Date of Decision : 26.08.2022
1. Vidya Sagar S/o Sh. Ami Chand R/o Village Deot, P.O. Taal,
Tehsil and Distt. Hamirpur (H.P.)
2. Anupam Sagar S/o Sh. Vidya Sagar, R/o Village Deot, P.O. Taal,
Tehsil and Distt. Hamirpur (H.P.)
....Decree Holders
Versus
1. M/s RKM Housing Ltd., SCO 1-4, Behind Chandigarh Engineering
College, Sector 112, Landran, S.A.S. Nagar (Mohali) - 140 307 through
its Chairman/Director/M.D.
2. Mr.Kanwaljit Singh Ahluwalia, Managing Director, M/s RKM
Housing Ltd., SCO 1-4, Behind Chandigarh Engineering College,
Sector 112, Landran, S.A.S. Nagar (Mohali) - 140307
3. Jagroop Kaur, Director/Chief Executive Officer, M/s RKM Housing
Ltd., SCO 1-4, Behind Chandigarh Engineering College, Sector 112,
Landran, S.A.S. Nagar (Mohali) - 140307
4. Ms.Manpreet Kaur, Director, M/s RKM Housing Ltd., SCO 1 to 4,
Behind Chandigarh Engineering College, Sector 112, Landran, S.A.S.
Nagar (Mohali) - 140307
OP (1-4) email : [email protected]
......Judgment Debtors
Execution Application under Section 27 of
the Consumer Protection Act, 1986.
Quorum:-
Hon'ble Mrs. Justice Daya Chaudhary, President
Mrs. Urvashi Agnihotri, Member
Present:-
For the DHs : Sh.Vidya Sagar, in person
For JDs No.1-2 : Sh.J.S. Rattu, Advocate with
Sh.Kanwaljit Singh, in custody
For JD No.4 : Ms.Manpreet Kaur, on interim bail in person
JD No.3-Jagroop Kaur has been declared PO vide order dt. 28.04.2021 Execution Application No.275 of 2019 2 JUSTICE DAYA CHAUDHARY, PRESIDENT :
It has been agreed/undertaken between the DHs as well as JD- Sh.Kanwaljit Singh, who is present in the Court and assisted by counsel Sh.J.S. Rattu, Advocate that out of total outstanding amount including principle and interest @ 10% will be paid within a period of 12 months in 6 installments. JD-Sh.Kanwaljit Singh has given 6 post-dates cheques to the DH-Vidya Sagar. It has also been undertaken that in case any of the chques is not encashed or any default is there in making the payment, JD-Sh.Kanwaljit Singh will have to pay the penalty @ Rs.50,000/- against each cheque/default. It has also been agreed that period will remain the same i.e. one year.
An amount of Rs.2,00,000/- in cash has been paid by JD- Sh.Kanwaljit Singh to the DH-Sh.Vidya Sagar in the court today towards part payment of first installment and the same has been duly accepted by the DH. Remaining amount towards first installment of Rs.2,00,000/- will be paid after a period of 2 months from today i.e. on or before 25.10.2022 and thereafter remaining installments of Rs.4,00,000/- each will be paid bi-monthly on or before the date fixed. The details of the dates and amount are as under:-
S.No. Cheque in Cheque Date Amount
favour of No.
1 Vidya Sagar 000023 25.10.2022 Rs.2,00,000/-
2 Vidya Sagar 000026 25.12.2022 Rs.4,00,000/-
3 Vidya Sagar 000025 25.02.2023 Rs.4,00,000/-
4 Vidya Sagar 000029 25.04.2023 Rs.4,00,000/-
5 Vidya Sagar 000024 25.06.2023 Rs.4,00,000/-
6 Vidya Sagar 000030 25.08.2023 Rs.4,00,000/-
Execution Application No.275 of 2019 3
It has also been agreed that in case any difference is there in the calculation towards total installments/due amount, the same will have to be paid by the JDs to the DHs with the last installment.
Learned counsel for the JD has not disputed the abovesaid facts and has no objection to pay penalty of Rs.50,000/- in case of default.
In view of the facts as mentioned above, the present execution application is disposed of in the same terms. In case any of the cheques is dishonoured, the JDs will pay penalty @Rs.50,000/- each dishonoured cheque and the DHs will be at liberty to move application for revival of the present execution application.
Sh.Kanwaljit Singh Ahluwalia and Ms.Manpreet Kaur JDs are discharged in this case only. Copy of the order be sent to the Superintendent, Model Jail, Burail, Chandigarh through usual process as well as by e-mail, for compliance.
Reader is directed to give in writing to the police official regarding the discharge of Sh.Kanwaljit Singh Ahluwalia-JD in this case only.
(JUSTICE DAYA CHAUDHARY) PRESIDENT (URVASHI AGNIHOTRI) MEMBER August 26, 2022.
as Execution Application No.275 of 2019 4